Can I Still Sue if the Accident Was Partly My Fault?
Yes, in many cases, you can still sue if the accident was partly your fault. But don’t expect the insurance company to tell you that. In fact, they’re hoping you don’t ask.
After a crash, it’s easy to feel confused, especially if the other driver is suggesting the accident was your fault. Insurance adjusters know this. They may sound polite, but they’re trained to minimize what they pay. If you’ve already started getting calls, forms, or settlement offers, slow down. You don’t have to accept anything right away. And you don’t have to figure it out alone.
A car accident attorney who focuses on these cases can help you understand your rights, challenge unfair blame, and fight for what you’re owed. Don’t let anyone pressure you into settling for less. Contact our Florida car accident lawyers at Fuentes & Berrio today.
Understanding Florida’s Comparative Negligence Law
Florida follows a rule called modified comparative negligence. It means your ability to recover compensation depends on how much of the accident was your fault.
As of March 2023, Florida law says that if you are found to be more than 50% at fault, you cannot recover compensation through a lawsuit. But if you are 50% or less at fault, you can still pursue damages — the amount you receive will simply be reduced by your percentage of fault.
For example, let’s say your case goes to court, and you’re awarded $100,000 in damages. If the court finds you 30% at fault for the accident, your compensation would be reduced by that amount — you’d receive $70,000 instead.
How Fault Is Determined in a Car Accident Case?
Insurance companies and legal teams look at the details to determine who was responsible and to what extent. Here’s how that usually works:
- Police reports: These often include the responding officer’s assessment of what happened based on statements from both drivers and any witnesses.
- Photographs and videos: Pictures of the damage, skid marks, debris, and traffic signs can help show what really occurred.
- Witness statements: Independent accounts from people who saw the crash can carry significant weight.
- Traffic or dashcam footage: If available, video evidence can give a clearer picture of what took place.
- Professional analysis: Sometimes, reconstruction specialists are brought in to analyze vehicle damage, positions, and impact points.
How Does Insurance Handle Claims When You’re Partly at Fault?
Florida is a no-fault insurance state, which means your own insurance (through Personal Injury Protection or PIP) pays for your medical bills and lost wages up to a certain limit. This is usually $10,000, no matter who caused the accident.
However, if your injuries are serious enough, you can step outside the no-fault system and file a lawsuit against the other driver. This is where comparative negligence becomes a factor.
Common Scenarios Where Fault Is Shared in a Car Accident
- Rear-end collisions: You hit the car in front of you, but that car had broken brake lights or stopped suddenly in the middle of the road.
- Left-turn accidents: You were making a legal turn, but the oncoming driver was speeding or ran a red light.
- Multi-vehicle crashes: Three or more cars involved, with each driver contributing in some way to the accident.
- Lane changes: You were merging when another driver sped up or failed to give way.
What Compensation Can You Recover if You’re Partly at Fault?
Even if you share some responsibility for the accident, you may still be able to recover damages for:
- Medical bills – including emergency care, surgeries, medication, physical therapy, and future treatments
- Lost wages – both from missed work and long-term loss of earning potential
- Property damage – repair or replacement of your vehicle and any damaged belongings
- Pain and suffering – for the physical pain, stress, and emotional toll of the accident
What If You Were Partly at Fault and Didn’t Have Insurance?
Florida law requires drivers to carry minimum insurance, but not everyone complies. If you didn’t have insurance at the time of the accident, you could face fines, license suspension, and other penalties. That said, not having insurance doesn’t automatically prevent you from filing a lawsuit, especially if the other driver was more at fault.
Here’s what you need to know:
- You may still be eligible to sue if you’re 50% or less at fault.
- The other driver’s insurance may still be responsible for your damages.
A car accident lawyer can help you understand your options and pursue compensation, even if you were uninsured at the time.
How Fuentes & Berrio Can Help if You Were Partly at Fault?
If you were involved in a car accident and think you may be partly to blame, don’t let that stop you from getting legal help. At Fuentes & Berrio, our Deerfield Beach car accident attorneys understand that accidents are rarely one-sided. We know how to fight back against unfair blame and help you pursue the compensation you may still be entitled to under Florida law.
When you work with us, we do more than just handle paperwork. We’re with you every step of the way so you can focus on your recovery — not the stress of your case. Here’s what you can expect:
- A detailed case review to determine how much fault actually lies with each party
- Strong negotiation with insurance companies to protect your rights and maximize your compensation
- Help coordinate vehicle repairs, rental cars, and medical care
- Clear communication so you always know what’s happening with your case
- A legal team that’s dedicated to getting more money in your pocket, not just a quick settlement
Contact Us Today to Speak with a Florida Car Accident Attorney
We’ve recovered millions of dollars for car accident victims throughout South Florida, and we’re ready to fight for you, too — even if the situation seems complicated.
Don’t assume you don’t have a case just because you weren’t perfect behind the wheel. Let us take a closer look. Reach out at (954) 752-1110 or send us the case details online. Your consultation is free, and you don’t pay us unless we win for you.
